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HomeMy WebLinkAboutCity Council - 10/15/2024 - Workshop APPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 15, 2024 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Aschenbeck Workshop - Heritage Rooms I and II (5:30) I. CANNABIS POLICY DISCUSSION Getschow summarized the Council’s recent request for staff to research cannabis buffers. Klima explained the two types of cannabis buffers the Council can impose are buffers from land uses such as schools and buffers between cannabis retailers. Narayanan asked if the Council is limited to five cannabis retailers. Toomey answered the City must allow a minimum of five cannabis retailers. Klima displayed a map of schools and commercial/industrial properties in the City. There are 12 schools, 175 commercial properties, and 243 industrial properties in the City. Klima explained a one thousand foot cannabis buffer from school properties would impact 70 of 418 parcels that permit retail use, or 15 percent. Nine commercially zone properties and 66 industrial zoned properties are within one thousand feet of a school. Schools like Oak Point Elementary and the Performing Institute of Minnesota Arts High School would restrict nearby commercial/industrial parcels. Case asked if all stores in a strip mall would be disallowed for cannabis use if one store is within one thousand feet of a school. Klima answered if the strip mall is one parcel, the whole parcel would be ineligible for cannabis use. Narayanan asked if KinderCare is considered a school. Klima clarified KinderCare would be considered a daycare. Klima explained the second type of buffer the City could enact is a buffer between cannabis businesses. Klima displayed a map of different commercial hubs throughout the City and explained the surrounding buffer impacts if a cannabis location were to open. Case noted the City Council Workshop Minutes October 15, 2024 Page 2 Council should consider its desired objective when implementing buffers. Toomey asked if the Council could include exceptions when setting buffers, like allowing two cannabis locations at the Eden Prairie mall. Neuville noted exceptions are tricky as it’s not a zoning matter. Freiberg noted retail locations won’t want to be within 500 feet of another cannabis location, competition will solve most issues the Council is discussing. Klima summarized the options Council have enact regarding cannabis. The number of retailers can be capped to one per 12,500 residents, or 5 to 6 in the City. The Council can establish a buffer from land uses such as a school. A distance between cannabis retailers can also be established. Freiberg asked if a City owned cannabis retail location would count toward the 5 to 6 location cap. Klima confirmed any City owned cannabis retailers would not count toward the cap. Freiberg asked if the City could open more than one retail location. Getschow stated the City can open more than one location. Toomey noted it will be expensive to open a retail location. Neuville confirmed the State is limiting the number of licenses, only a few hundred will be issued in the first few years. Toomey asked if it’s a lottery. Neuville confirmed it will be a lottery to start. Case asked if the Council agrees with capping the number of cannabis retailers to one per 12,500 residents, or 5 to 6 in the City. Toomey stated the City should not implement a cap in her opinion. Getschow said most cities are capping. Neuville stated the ordinance can always be changed later. Case said the City should implement a cap for now. The Council noted their agreement. Case asked if the Council should enact a buffer between cannabis retailers and schools. Toomey asked if the City enacts buffers for liquor stores. Neuville noted there are only municipal liquor stores in the City, so buffers aren’t enacted. Narayanan stated it is better to be more restrictive now and lift restrictions later. Toomey noted the Asia Mall is in a commercial/industrial area and has considered opening an immersion school. Case asked if a school could open within the buffer of a cannabis retailer. Neuville stated the City could add a provision that the school could obtain a waiver, but it would be a difficult situation to legislate. Case asked the Council to consider its objectives by enacting a buffer between cannabis retailers and schools. Toomey stated the objective is safety. Case noted one thousand feet from a school does not encumber too many properties. Klima confirmed 15 percent of eligible properties would City Council Workshop Minutes October 15, 2024 Page 3 be affected by a school buffer. Case stated the City should be more conservative now and loosen restrictions later. Getschow noted Minneapolis’s enacted buffer is smaller than originally proposed. Case asked if the Council agrees with enacting a buffer of one thousand feet from schools knowing it can be changed later. The Council agreed. Toomey stated she did not think there should be a buffer between cannabis retailers. Case stated the worst case scenario is all retailers are located next to each other. Narayanan noted if all retailers open in a strip mall it could create a cluster. Toomey stated there wouldn’t be five vacant spaces in a strip mall at once. Case said many residents perceive cannabis as a gateway drug and would oppose a cluster of five retailers. The Council discussed the optimal distance and considered factors including allowing two retailers at the Eden Prairie mall. Case asked if the City could measure the buffer from the physical store boundary in lieu of using the parcel boundary. Klima noted the point of measure must be consistent with City code. The Council noted 200 feet may be the optimal distance, and determined more discussion is needed. II. EMERALD ASH BORER UPDATE Markle stated staff would present an update on emerald ash borer (EAB). EAB was first detected in the City in 2017, since then staff has developed a policy and management plan. A complete infestation has prompted the City to shift its management plan. Markle introduced Forestry Supervisor Karli Wittner and Forestry and Natural Resources Specialist Erika Commers. Wittner presented a history of EAB in the United States and in Minnesota. Narayanan asked how EAB moves. Wittner confirmed the beetle can fly up to a mile and is also transported through firewood. Wittner explained the larval stage is the most damaging. Once the beetle infects the main stem of the tree, it will die in one or two years. Narayanan asked how long the beetle lives. Wittner answered the beetle lives one year. Wittner explained the Department of Natural Resources estimated 50 thousand ash trees are on private and public property in the City. The City is considered generally infested. Narayanan asked if a tree can recover from being infested. Wittner confirmed the tree dies. Hennepin, Carver, and Scott counties are all considered generally infested. Controlling the spread of EAB is not plausible anymore. City Council Workshop Minutes October 15, 2024 Page 4 Wittner explained the City has a robust treatment program. There are 1,200 public trees on right of ways that are treated on a three year cycle through grant funding. Commers added the trees are treated with insecticide, which kills the beetle when ingested. Narayanan asked for the treatment cost per tree. Wittner answered it is $200 on average. The City has had success with treatment. Wittner detailed grant funding received, which helps find and remove diseased trees. Wittner noted the City has a contract with Rainbow Treecare to help residents remove diseased trees at a reduced cost. Case asked how many trees in the City are being treated. Commers stated Rainbow treats at least 4 thousand trees in the City, many other tree care companies also provide treatment. Case asked if trees must be treated forever. Wittner confirmed trees will be treated forever. Commers added the treatment schedule can be extended after the beetle population crashes. Wittner explained many residents in the City are taking advantage of the Rainbow Treecare reduced cost. The infestation peaked in 2023 and 2024 and will continue for three more years. The City can no longer control the spread and instead is focusing on managing risk. Any tree not treated will be dying or dead in three years. Narayanan asked if it can be treated with a spray, similar to mosquitos. Commers noted the mosquito spray uses a bacterium that targets only mosquitos. There is not a bacterium known that targets only EAB. Wittner explained the City condemns any ash tree with signs of EAB. EAB surveys are focused on private property in the winter. Residents currently have a 20 day period to remove infected trees, the City is revising the timing to provide a longer removal period. Freiberg asked what happens if a resident can’t pay for tree removal. Wittner stated the City will remove and assess to property taxes. The City always uses the lowest bid company, and the resident can spread the payments over a few years. Wittner explained residents can remove diseased trees year round. The City can no longer haul condemned trees from private property due to the large increase in condemned trees. The City has also doubled the inventory for the annual tree sale. Narayanan asked if the number of trees in the City is still increasing overall. Wittner confirmed that is correct. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT